Legal Question in Criminal Law in New York
CPL 160.55 clarification
I was charged/arrested of Misdemanor which was reduced to violation and i was convicted of violation, I was given 1 year conditional discharge with $ 200 fine.The case was sealed per CPL 160.55
What would the court do under this section ? they have not return me the fingerprints. Would I have the record with FBI ? How do I make sure that they have sealed the record ? DO I have criminal record ?
I am not a lawyer and it's been very tough to get these questions answered. Any help would be certainely appreciated.
1 Answer from Attorneys
Re: CPL 160.55 clarification
Usually the court marks the file sealed. When the fingerprints are sent to the court they are put in this file, but you have a right to have them. The NYCIIS system is supposed to delete this record but I don't know if they do. Contact the NY State Defenders Office 518-465-3524. They should be able to tell you both NY and Fed. A violation is not a crime under our Penal Law and therefore you can truthfully answer that you have not been convicted of a crime (as to this particular case).
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